The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-11

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Accordingly, the engineer, under de-
PENDANTS directions, did proceed to pile
and cover said bayou and to erect n large
and well-constructed stable and shed and
storage rooms, which cover both the said
Taxing District lot and the said bayou.
These Improvements, which were COM
pletcd in the latter part OF the spring or
early summer OF 1886, were erected at a
total cost of S4,G9G ~. Said stables and
other erections covered every foot of said
Taxing District lot and the bayou, SO piled
and covered ms aforesaid. When the
partment OF the Taxing District immedi-
ately went into possession thereof, occu-
pying the same with its teams, carts and
material, and has been continuously in
possession thereof ever since and is now
in exclusive possession thereof.
Defendant SAYS that said stable and
other erections We're economically and
substantially constructed, and are admir-
ably adapted TO the present and future
wants OF said department,
Defendant says that il was his purpose,
at the time when he SO instructed said en-
gineer to pile and cover said bayou and to
put said buildings thereon, permanently
dedicate the same to the Taxing District of
Shelby county; that he so stated at the
time, publicly and openly, and has always
so stated and declared, and now states and
declares. He states in this connection that
his intentions and purposes in this regard
were not kept secret, nor were his acts
and doings in the premises furtive, nor
done in corner, but were open and noto-
rious before the eyes OF every one, and
were well known TO various officers of the
said Taxing District, and.to other persons
of the highest responsibility, in no way
connected with the Taxing District govern
ment, 10 whom he freely and fully ex-
planned his plans and purposes, rs above
set forth, all long before any question was
made as TO the propriety OF his action in
the premises. He did not suppose that it
Was ut all necessary for him TO make q
formal deed of said bayou 10 the Taxing
District, believing the law to be, as he is
advised now II is, that dedication such
as he made, and the delivery of possession
such as he made and gave TO the Taxing
District, was all that was necessary TO be
done. ....
Defendant most emphatically denies
that he has ever at any time since such
dedication claimed any right TO the said
property, orthe improvementsthcreon He
has never for moment supposed that he
could do so il he would; he certainly has
never entertained for moment such n
purpose. He denies that lac has ever in
timated that the most or best he would do
was to permit the Taxing District 10 re-
move of Of said promises the improve
ments SO made; the allegation TO the con.
trary in the bill Of complaint has no foun-
dation in fact.
Defendant Is advised and believes that
no further or other declaration or act on
his part is necessary 10 vest title in said
bayou and the ground covered 10y said
stable and sheds in the Taxing District
Ii the court, however, should be Of n con-
trary opinion in the face Of the disclaimer,
always heretofore andnow entered by him,
he stands prepared. TO make such dis
| claincr in formal way.
Further answering this, defendant saws
that in the summer OF 1856 the board OF
health department was still occupying the
stable on Court street above mentioned,
for which the Taxing District was paying
the amount of rent aforesaid; that the roof
was in 4 lcaly condition, and the building
80 out Of repair rs 10 make il unfit for oc-
cupation, and that the landlord refused 10
repair the same unless the Taxing District
would agree 90 an increase in the rent, and
| insisted that II the rent was 10 remain ns
before the same should hc repaired by
the Taxing District, which would cost from
| $500 90 II 900.
Defendant, as q representative Of the
| Taxing District, not being satisfied with
| these terms, found Il necessary 10 provide
/ other quarters for the teams, etc, Of said
department At this junctur il was sug-
gcstcd 10 him by the officer in charge
/ thereof that temporary and inexpensive
structure might be- added to the district
stable 50 already built, and that it would
be TO the advantage OF the district 10 have
all It's teams, tools, material, ETC., consol-
idatcd at one place.
Defendant, recognizing the truth and
wisdom Of this suggestion. ordered the en-
ginecr Of tho Taxing District 10 erect such
structure Mt right angles 10, and CON
ncCled with the main stable aforesaid, and
also 10 erect shed near 10y for
the accommodation Of the garbage carts,
etc, all Of which was accordingly done at
an expense 10 the Taxing District OF
$3.50 -. This shed il entirely upon de-
PENDANTS ground, and upon the rear part
/ Of his lot.
Defendant intended, and 30 announced
at the time, 10 permit the Taxing District
to use and occupy free Of rent the ground
covered by this temporary structure, nj
least during his term oil office, and asmuch
longer n he himself did not desire TO uso
sud ground for his own purposes. II was
perfectly obvious TO him, as Il must be- Ia
every one, that he could by no possibility
gain advantage by this transaction. Ilc
sail that sgid addition could be- paid Tor in
one year boy saving made in the rent and
repairs necessary 10 the Court street
stables, and thus II has already paid for II.
self In such saving; and that, nj The expira.
| ton OF his term, the Taxing District would
be several thousand dollars ahead. This
could he accomplished without any loss Ia
him, a. he had no purpose during his
term Of office 10 improve the property.
/ lie " advised and believes the law Ia be-,
that he could never claim such additions
/ or any part thereof, even II he desired "a
/ do 10. lie supposed then as hc IL advised j.
the law, that the Taxing District would
have perfect right to remove said adj.
! tiOnal stables, and he now says IN this con-
nection, that since such additions were
made, IN the summer Of 1886, the board oi
! health department Of the Taxing District
| has been In complete possession of the
/ same, and Is still In possession thereof,
/ using the same free Of rent lor the pur.
! pose Tor which they were constructed, and
/ will continue 30 do ~ without any oblcc-
ton or claim on his part during his term
| of Office, and so much longer ~ ho
does not need the ground Tor bis own pur.
| poses. When the time does come lac Is
| perfectly willing TO permit the Taxing Dis
/ irict 10 remove said stable and shed, or he
Is perfectly willing, II the court should
| deem that II Is more 10 the interest Of tho
I Taxing District, 10 pay the value thereof,
although ho has no use whatever Tor the